Use your vote this May 24th.
Image via PixabayThis Friday, May 24th, is polling day where we will be given three ballot papers - one for the local elections, one for European elections and one to cast our vote in a divorce referendum.
If you're a little unsure on the ins and outs of the divorce referendum that's happening this Friday, here's a bullsh*t-free guide:
When is this referendum taking place?
It's happening on Friday 24th May.
Am I eligible to vote?
If you're an Irish citizen who's at least 18 years old and your name is on the Register of Electors then you're eligible to vote. You can check the register online here.
I don't have a polling card - do I need it to vote?
Nope, you don't need it but you must bring a valid form of personal ID, such as a passport or driving licence, with you when you go to vote.
Where is my local polling station?
That information is on your polling card and you'll also find it on this website too.
What time can I vote?
The polling stations will be open from 7am to 10pm.
The Divorce Referendum
What exactly are we voting on?
We're voting on whether or not to change the Constitution of Ireland in relation to divorce. The proposal is about two issues:
- How long people must be living apart before applying for a divorce
- The recognition of foreign divorces
The first change proposed is to remove Article 41.3.2. of the Constitution. That article states that a person seeking a divorce must have lived apart from their spouse for at least 4 out of the previous 5 years. If we vote to remove that part of the Constitution, it means that divorce would still be allowed in Ireland. However, there would be no reference in the Constitution to how long people applying to court for a divorce must have lived apart.
The second part is to change Article 41.3.3˚. This currently states that a person who has obtained a foreign divorce which is not recognised in Ireland cannot legally remarry here during the lifetime of his/her spouse. The proposed change is to replace that with a new Article 41.3.3˚ explicitly stating that the Oireachtas can legislate to recognise foreign divorces. The proposal would also remove the current wording which expressly prohibits a person who has a foreign divorce which is not recognised within the State from remarrying. However, Irish law will continue to prohibit a person whose marriage remains valid under Irish law from marrying another person.
Can I vote for one and not the other?
In short, no. There will be one question on the ballot paper and you can either vote Yes to allow both changes, or No to reject both changes. You can't vote 'Yes' on one and 'No' on the other change.
Can I vote for or against divorce in this referendum?
No. Neither a Yes vote nor a No vote will remove Article 41.3.2 which allows for divorce. Divorce will still be legal in Ireland no matter what the result of the referendum is.
I don't think I'll bother voting... Why should I?
You should always use your vote. The Constitution is the fundamental law of our State and only the people have the power to change it. If you don't bother using your vote, other people will make the decision.
Living Apart Period
What will happen if we vote No?
If there is a No vote, the Constitution stays as it is and states that a person seeking a divorce must have lived apart from their spouse for at least four out of the previous five years before applying for a divorce.
What happens the separation period if we vote Yes?
If we vote Yes, there would no longer be any reference in the Constitution to how long people must be living apart before they can apply for a divorce. It would instead be a matter for the Oireachtas to pass laws dealing with that.
The Government has said that if there is a Yes vote, it will propose a law that spouses will have to have been living apart for at least two out of the previous three years before they can apply for a divorce, instead of the current requirement to have lived apart for at least four out of the previous five years.
Will anything else in the Constitution on divorce change we vote Yes?
No. The other provisions in Article 41.3.2˚ are that a court may grant a divorce where:
- there is no reasonable prospect of a reconciliation between the spouses;
- proper provision exists or will be made for the spouses, for any children of either or both of them, and for any other person prescribed by law
- and any further conditions required by law are complied with
These will not change in the event of a Yes or a No vote in this referendum.
Foreign Divorce
Are foreign divorces currently recognised in Ireland?
Yes, foreign divorces are recognised within the State in certain circumstances. Different recognition rules apply depending on where and when a foreign divorce was obtained.
If we vote Yes, could a person who has a foreign divorce which is not recognised within the State remarry?
No. A person whose marriage is recognised in the State and who has a foreign divorce which is not recognised within the State cannot remarry.
What is the impact on the recognition of foreign divorces if we vote No?
If there is a No vote, the Constitution will continue to expressly state that people whose marriages are recognised in Irish law but whose foreign divorces are not recognised in Ireland cannot legally remarry in Ireland as long as their spouse is alive.
Still a little confused? Check out RefCom's independent guide to the referendum here.
